Hanna

Hanna v. Mercedes-Benz USA, LLC

Good Law
248 Cal. Rptr. 3d 654·36 Cal. App. 5th 493
Court of Appeal of CaliforniaJune 18, 2019B283776California7,750 words

Opinion

Lead Opinion

Perluss, J.

*496 To settle Mary Hanna's lawsuit under the Song-Beverly Consumer Warranty Act ( Civ. Code, § 1790 et seq. ), Mercedes-Benz USA, LLC agreed on January 27, 2017 to pay Hanna $ 60,000 plus a sum equal to her costs and expenses in pursuing the action, "including attorney's fees based on actual time reasonably incurred ... pursuant to Civil Code Section 1794(d), to be determined by court motion if the parties cannot agree." After failing to reach agreement with Mercedes-Benz, Hanna moved for an award of $ 259,068.75 in attorney fees using the lodestar method 1 -a $ 172,712.50 base amount with a 1.5 multiplier-and costs of $ 15,547.07. The trial court awarded only $ 60,869 in fees, limiting Hanna's recovery for fees incurred after January 21, 2016 to $ 15,000 based *497 on the court's interpretation of a percentage-based contingency fee provision in the retainer agreement between *659 Hanna and her counsel. The court awarded all costs sought by Hanna except for $ 2,137.86 paid to her initial expert.

On appeal Hanna contends the court abused its discretion in failing to apply the lodestar method to determine attorney fees for the period after January 21, 2016 and by disallowing the…

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